[WSBAPT] Special Needs Trust as Testamentary Trust in a Will

[sdonahue at sdonahuelaw.com]

Hello List Mates,

 

I've done Special Needs Trusts and I've done testamentary trusts, but I'm
thinking my client needs a Special Needs Trust as a testamentary trust in
her will.  She has two sons.  One has been severely disabled all his life.
The other son will take care of him upon her death.  She is not her disabled
son's guardian.  He has no guardian per se.  She has been appointed by the
state to handle his disability payments and that has worked well for her.
Her disabled son is in his 20s.

 

She wants me to draft a will, but, obviously, she can't leave anything to
her disabled son.  So, I'm thinking that I could draft a Special Needs Trust
in the will as a testamentary trust and make her other son the trustee.
Would this work?  Can a Special Needs Trust be a testamentary trust in a
will?

 

Any thoughts or suggestions would be very welcomed.

 

Thank you,

 

Susan

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 

 

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